WINGROVE v. RYAN

DAVID CAMPBELL, District Judge

Petitioner Arlington Ernest Wingrove has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. #1. United States Magistrate Judge Mark E. Aspey has issued a report and recommendation ("R R") recommending that the petition be denied and dismissed with prejudice. Dkt. #9. No objection has been filed, which relieves the Court of its obligation to review the R R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R R and deny the petition.

1. The R R (Dkt. #9) is accepted.

2. The petition for writ of habeas corpus (Dkt. #1) is denied and dismissed with prejudice.

3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied

4. The Clerk is directed to terminate this action.